The main legal point established in the judgment is the requirement for a transparent procedure in the appointment of Government Law Officers, the need for guidelines laying down the criteria and norms of selection, and the importance of appointing competent lawyers with integrity and reputation.

Ms. Indira Banerjee, J.

1. In this writ petition, in public interest, the petitioner, a practising advocate, has challenged the Appointment of Law Officers of High Court of Madras and its Bench at Madurai (Appointment) Rules, 2017, hereinafter referred to as 2017 Rules', published in the Government Extraordinary Gazette No.119 dated 29.04.2017.

2. The petitioner has also sought an order of injunction restraining the respondents from appointing law officers to represent the State of Tamil Nadu before the Constitutional Courts, Subordinate Judiciary, Professionals vis-a-vis Judicial Forums, Local Authorities, Public Bodies and other authorities without following a transparent procedure, pending disposal of the writ petition.

3. Some of the relevant provisions of the 2017 Rules are set out here-in-below for convenience:

2. Definitions:- In these rules unless the context otherwise requires -

(a) “Additional Advocate General” means an Advocate appointed by the Government to conduct such case as may be entrusted to him for and on behalf of the State in the High Court;

(b) “Additional Government Pleader” means an Advocate appointed by the Government to assist the Advocate General, Additional Advocate General, Government Pleader or a Special Government Pleader or to conduct such civil cases as may be entrusted to him for and on behalf of the State in the High Court;

(c) “Additional Public Prosecutor” means an Advocate appointed as an Additional Public Prosecutor under section 24 of the Code of Criminal Procedure, 1973 for the High Court;

.......

(i) “Public Prosecutor” means an Advocate appointed as the Public Prosecutor under section 24 of the Code of Criminal Procedure for the High Court;

(j) “Selection Committee” means the Committee constituted to select the eligible persons for appointment as Law Officers;

(k) “Special Government Pleader” means an Advocate appointed by the Government to assist the Advocate General and to conduct civil cases as entrusted to him for and on behalf of the State in the High Court.

3. Set-Up In the High Court:-(1) Besides the Advocate General there shall be the following categories of Government Law Officers in the High Court, namely:-

I. Additional Advocate General;

II. Public Prosecutor;

III. Additional Public Prosecutor;

IV. Government Pleader;

V. Special Government Pleader;

VI. Additional Government Pleader;

VII. Government Advocate;

(2) The number of Law Officers in Categories I, III, V, VI and VII of sub-rule (1) shall be such as may be fixed by the Government from time to time.

4. Eligibility of Government Law Officers:- Subject to rule 8, no person shall be eligible for appointment in the High Court,-

(i) (a) as an Additional Advocate General unless he has been in practice as an Advocate for not less than ten years out of which a minimum of not less than seven years in the High Court;

(b) as a Public Prosecutor unless he has been in practice as an Advocate for not less than ten years out of which a minimum of not less than seven years in the High Court;

(c) as a Government Pleader unless he has been in practice as an Advocate for not less than ten years out of which a minimum of not less than seven years in the High Court;

(d) as a Special Government Pleader unless he has been in practice as an Advocate for not less than ten years out of which a minimum of not less than seven years in the High Court;

(e) as an Additional Government Pleader unless he has been in practice as an Advocate for not less than seven years out of which a minimum of not less than five years in the High Court;

(f) as a Government Advocate unless he has been in practice as an Advocate for not less than five years out of which a minimum of not less than three years in the High Court;

(ii) unless he is a Citizen of India;

(iii) unless he has obtained a Law Degree from a University in India Recognised by Bar Council of India after undergoing the Law Course;

(iv) if he is convicted by a Court of Law to be involved in an act of moral turpitude.

5. Meth